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Employment Law

Pre-Incident Sex Harassment Non-Disclosure Agreements Nullified by “Speak Out Act”

After legislation prohibiting forced arbitration provisions in workplace sexual harassment and sexual assault cases went into effect during 2022, on December 7, 2022, President Biden signed the Speak Out Act to force transparency in how employers handle sexual harassment complaints going forward.

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February 2, 2023
Consumer Defense

Confirming What’s “Clear and Conspicuous” Under Reg F - Illinois State Court Gets It!

In a first, a Chancery Court judge for Cook County, Illinois has ruled that an opt-opt notice contained within a collection e-mail satisfied Reg. F’s dual requirements of describing a simple opt out process and providing a clear and conspicuous opt-out disclosure.

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January 31, 2023
Employment Law

Proposed FTC Regulation Would Deem Noncompete Agreements an Unfair Trade Practice

Noncompete agreements, common in the debt collection industry, could become unenforceable at the federal level if a proposed Federal Trade Commission (FTC) regulation becomes effective.

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January 24, 2023
Employment Law

Pregnant Workers Fairness Act Expands Employers’ Reasonable Accommodation Obligations

The Pregnant Workers Fairness Act (PWFA),passed as part of the 2023 federal spending package, will require employers with 15 or more employees to provide reasonable accommodations for job applicants and employees with limitations related to pregnancy or childbirth.As part of the new spending package, Congress also included the Providing Urgent Maternal Protections for Nursing Mothers Act (the PUMP Act) to expand workplace lactation accommodations.

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January 20, 2023
Employment Law

Overtime Pay, To Boot: 9th Circuit Rules Computer Log-In Time Is Compensable

The Fair Labor Standards Act (FLSA) sets overtime rules that appear simple, but failing to determine accurately what is

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October 27, 2022
Consumer Defense

Change Your Reg. F Initial Demand Letter? Court Says No Obligation to Use Model Notice

In a contract dispute, not a consumer defense case, a federal trial court in Illinois just confirmed what was suspected but not entirely clear in Regulation F – the CFPB model notice is more of a suggestion than a legal requirement.

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October 25, 2022

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